White Paper
Crisis Management for Non-Profits, NGOs, and Mission Organizations
Telios Law PLLC
19925 Monument Hill Rd. | Monument, CO 80132
ph. 855-748-4201 | f. 775-248-8147
I. Introduction
Global missions work is increasingly dangerous, especially in certain parts of the world. Since 2003, there has been a worldwide spike in global kidnappings that more and more target faith-based workers such as missionaries, as well as other NGO workers.
Real risks facing international mission organizations today include: injuries from suicide bombings, kidnappings, torture during hostage situations, threat of execution if captured, demands that ministry cease, and extortion. Besides violence, workers face risks of natural disasters or accidents that may often occur without warning.
Agencies operating in this sphere must understand these risks and put systems in place to help ensure the security of missionaries working abroad. Solid crisis management is essential to protecting the safety of people and ministry property, and, in the event of a tragedy, can also go a long way toward preventing legal liability for the organization.
Case Study
It was a tumultuous time in Darfur, Sudan. But crisis often draws those who want to make a difference. A woman in her 30s accepted a position with a large, U.S.-based Christian relief organization working in the area. She chose that organization because she believed it had the resources to make working in Darfur a safe reality.
In May 2010, the employee, her Sudanese co-worker, and her driver headed out to a remote village to perform some relief work. Unbeknownst to her, unrest in the area had grown. It was increasingly dangerous for foreign aid workers.
That day, the group was ambushed and taken hostage by Sudanese nationals. It was later discovered that the group’s driver was working with the kidnappers to provide information and facilitate the taking.
The employee’s co-worker was quickly released, leaving the U.S. employee alone. She was subjected to extreme trauma while in captivity, including being threatened with execution and gang rape. After 105 days in the custody of her kidnappers, her safe release was secured by the ministry.
When she returned to the U.S., however, she decided that the ministry was responsible for what she endured. She filed a lawsuit in federal court, alleging that the organization had placed her in the situation that led to her kidnapping, had mismanaged the hostage negotiations, and prolonged her custody.
- She had received virtually no training from the organization on how to ensure her safety.
- The security personnel were inadequately trained and unprepared.
- The organization failed to update security protocols after prior incidents.
- The organization ignored intelligence warning that kidnapping was likely.
- The organization failed to properly vet security personnel.
- The organization delayed her rescue during hostage negotiations.
This scenario demonstrates that mission organizations and other ministries that are unprepared to deal with the practical and legal aspects of a crisis may end up paying for it in the end. Lack of preparation can cause human, reputational, and financial harm.
II. Legal Liability in the Event of a Crisis
Most missions agree that they should give top priority to the safety of their missionaries and other workers. This is not only a basic tenet of good member care but also critically supports the organization’s ability to carry out its mission in the future.
When employees or volunteers suffer injury or death in the course of their work for the mission, the organization must not only recover from the emotional and psychological damage of the event, but must also face the broader implications of legal liability for that damage.
A. Claims by Employees or Families on their Behalf
The most common risk of liability after a crisis is a claim from the individual employee (or a loved one on the person’s behalf) who was hurt or killed during the crisis.
1. Injuries in the U.S.
In the United States, employers usually have some responsibility to compensate their employees if they are hurt on the job. In the event of injury or death while at work, the main recourse is workers’ compensation.
Workers’ compensation is generally the sole remedy for an employee hurt on the job. If an employee attempts to bring a civil claim against the employer for a workplace injury, the suit will almost certainly be dismissed.
2. Why There is Liability Overseas
When U.S. citizens are stationed abroad, the rules shift dramatically. Workers’ compensation schemes usually do not cover employees working on a permanent basis in foreign countries.
If workers’ compensation is unavailable, an employee can bring a lawsuit claiming the employer is responsible for the harm. This exposes the employer to uncapped tort damages.
Courts have also determined that employers can sometimes be liable for employees 24/7 while overseas because the employee would not have been in harm’s way if not stationed abroad for the employer.
3. Negligence Claims
An employee may claim that the employer was negligent. A negligence claim argues that the employer failed to meet the appropriate standard of care and thereby caused the employee’s injury.
Mission organizations are particularly vulnerable to these claims because courts may conclude they owe a heightened duty of care to missionaries operating in dangerous areas.
4. Intentional Torts
Employees may also bring intentional tort claims, such as intentional infliction of emotional distress (IIED), particularly if they believe the organization mishandled hostage negotiations or prioritized organizational interests over personal safety.
5. Fraud Claims
Fraud claims can arise where organizations over-promise and under-deliver on security and safety in unstable regions. If recruiting materials falsely guarantee safety, organizations may face liability when workers are injured or killed.
B. Claims by Non-Employees (Volunteers, Family Members)
Organizations may also face liability claims from volunteers and family members who suffer injury or emotional distress during crisis situations.
1. Volunteers
Courts have held that organizations sponsoring short-term mission trips may owe a duty of care to volunteers, including minors participating in those trips.
Waivers are not always enforceable, particularly for minors, and are not substitutes for proper preparation and supervision.
2. Family Members
Mission organizations may also owe duties to family members accompanying missionaries abroad. In some situations, family members may even bring claims for emotional distress arising from hostage situations or other crises.
C. Claims by the Government
Organizations may also face criminal liability in some situations, particularly regarding ransom payments to terrorist organizations.
U.S. law prohibits providing material support to terrorist organizations. Although prosecutions for ransom payments have not historically occurred, organizations must carefully consider the legal implications of negotiations and payments during hostage situations.
III. Prevention: Best Practices to Minimize Damage in Crisis Situations
Missions should be prepared to handle kidnapping, injury, or death in high-risk areas. Proper preparation can minimize both practical and legal damage.
Common Mistake #1: Inadequate Preparation of Employees
Organizations must provide security training, hostage preparation, and detailed protocols to reduce the likelihood and severity of crises.
Common Mistake #2: Unrealistic Expectations About Risk
Missions should be frank about risks and ensure workers fully understand the dangers before deployment. Documentation of this understanding is important.
Common Mistake #3: Lack of Updated Security Protocols
Organizations should maintain current security procedures and develop comprehensive crisis management plans tailored to each operational region.
Common Mistake #4: Poor Communication During Crises
Agencies should establish clear communication and negotiation policies in advance, including defining roles during hostage situations and clarifying the organization’s priorities.
Common Mistake #5: Lack of Aftercare Planning
Missions should establish systems to provide psychological, financial, and practical support for survivors of crisis situations.
Organizations should also consider insurance coverage, voluntary workers’ compensation policies, mediation agreements, and arbitration provisions.
Common Mistake #6: Failure to Learn From Prior Incidents
Organizations should conduct internal investigations, audits, and crisis drills after incidents or near misses in order to strengthen future responses.
IV. Conclusion
Because sin is a reality, death, destruction, and evil will happen in this life. The question is not whether an organization will experience a crisis, but when and in what form.
By taking crisis management seriously, organizations can protect their people, reduce legal exposure, and help personnel recover from devastating events.